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Jurisdiction is a power constitutionally conferred upon a judge or magistrate, to take cognizance

of and decide causes according to law and to carry his sentence into execution. The tract of land or
district within which a judge or magistrate has jurisdiction, is called his territory and his power in
relation to his territory is called his territorial jurisdiction.

Every act of jurisdiction exercised by a judge without his territory, either by pronouncing
sentence or carrying it into execution, is null. An inferior court has no jurisdiction beyond what is
expressly delegated.

On the other hand, the concept of due process is that it is a law which hears before it condemns,
which proceeds upon inquiry, and renders judgment only after trial, so that every citizen shall hold his
life, liberty, property, and immunities under the protection of the general rules which govern society. It
is responsiveness to the supremacy of reason, obedience to the dictates of justice.

The central aim of due process doctrine is to assure fair procedure when the government
imposes a burden on an individual. The doctrine seeks to prevent arbitrary government, avoid mistaken
deprivations, allow persons to know about and respond to charges against them, and promote a sense
of the legitimacy of official behavior. 
“Due process of law” mean law in its regular course of administration, according to prescribed
forms, and in accordance with the general rules for the protection of individual rights. Due process, in
any particular case, means such an exercise of the powers of the government as the settled maxims of
law permit and sanction under such safeguards for the protection of individual rights as those maxims
prescribe.
It is not possible to hold that a party has, without due process of law, been deprived of life,
liberty and property, when, as regards the issue affecting it , he has, by the laws of state, a fair trial in a
court of justice, according to the mode of proceeding applicable to such case.
Due process is described as “responsiveness to the supremacy of reason, obedience to the
dictates of justice. It has been identified as freedom from arbitrariness. It is the embodiment of the
sporting idea of fair play.

A fundamental requisite of due process of law is the opportunity to be heard or deny to any


person within its jurisdiction the equal protection of the laws.

In GR No. 157383, Garcia v. Molina,  and GR No. 174137,  Garcia v. Molina,August 10, 2010 the
Supreme Court stressed the cardinal precept “that where there is a violation of basic constitutional
rights, courts are ousted from their jurisdiction. The violation of a party's right to due process raises a
serious jurisdictional issue which cannot be glossed over or disregarded at will. Where the denial of the
fundamental right to due process is apparent, a decision rendered in disregard of that right is void for
lack of jurisdiction. This rule is equally true in quasi-judicial and administrative proceedings, for the
constitutional guarantee that no man shall be deprived of life, liberty, or property without due process is
unqualified by the type of proceedings (whether judicial or administrative) where he stands to lose the
same.

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